49
amounts to positive progress on that matter.95 However, despite that preliminary
reparation, investigation and judicial punishment of perpetrators is still pending.
168. Regarding said matter, the Court points out that the State has a duty to fight
impunity by resorting to all legal means available, as impunity fosters the chronic
repetition of human rights violations and renders victims and their next of kin
completely defenseless.96
*
* *
169. The Court finds that domestic proceedings and processes did not amount to
effective remedies to guarantee the right to fair trial, to establish the truth of the
facts, to investigate and punish the perpetrators and to redress the consequences of
violations. Therefore, the State is responsible for the violation of Articles 8(1) and 25
of the Convention, regarding Article 1(1) of that treaty, to the detriment of
Guadalupe Yllaconza, Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda,
Vicente and Sabina; all of them members of the Baldeón-Yllaconza family.
Moreover, the Court considers that the State failed to comply with Articles 1, 6 and 8
of the Inter-American Convention against Torture regarding the obligation to
investigate and punish torture in domestic courts after April 28, 1991.
XI
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE CONVENTION
DUTY TO MAKE REPARATIONS
Argument of the Commission
170.
As regards reparations, the Commission stated that:
a)
the beneficiaries of the reparations are Guadalupe Yllaconza-Ramírez
de Baldeón (wife of the victim); Crispín, Fidela, Roberto, Segundina,
Miguelita, Perseveranda, Vicente and Sabina, all of them members of the
Baldeón-Yllaconza family (sons and daughters of the victim);
b)
as regards pecuniary damage
i.
“the victims made significant economic efforts to seek justice in
domestic courts and to overcome the physical, psychological and moral
trauma sustained as a result of the acts of the Peruvian State;"
ii.
the relatives of Mr. Baldeón-García lost income and other
benefits as a result of the events; and
95
Cf. Truth and Reconciliation Commission, record of case 1002365 on the detention and execution
of the inhabitants of Independencia district, including Mr. Bernabé Baldeón-García (record of exhibits to
the complaint, exhibit 3, folio 35); and public hearing of the Truth and Reconciliation Commission held in
Huamanga on April 8, 2002, in the Matter of the case of Mr. Bernabé Baldeón-García (record of exhibits to
the complaint, exhibit 6, folios 38 to 43).
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 237; Case of Moiwana Community,
supra note 59, para. 203; and Case of Huilca Tecse, supra note 2, para. 82.
96
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